Employers Aren t Doing Enough to prevent Sexual Harassment at the office


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Employers Aren’t Doing Enough to Stop Sexual Harassment at Work Employers Aren’t Doing Enough to Stop Sexual Harassment at Work The #MeToo movement has shone the spotlight on sexual harassment in the workplace, but a new survey shows most U.S. employers aren’t tackling the issue. Effective Jan. 1, 2020, employers also must provide instruction on sexual harassment prevention to seasonal employees, temporary employees, and employees who are hired to work for less than six months.

This instruction must be provided within 30 calendar days of hire or within 100 hours worked, whichever occurs first. Unlawful harassment may occur without economic injury to, or discharge of, the victim. Prevention is the best tool to eliminate harassment in the workplace. Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment. They should clearly communicate to employees that unwelcome harassing conduct will not be tolerated.

Today, most employers have policies and training focused on prohibiting sexual harassment and other forms of harassment. Often, the training is infrequent and consists of online or short training at the time of hire. Many employers simply “check-the-box” by providing such training to be able to assert its affirmative defense. Sexual harassment in the workplace is wrong and it is illegal. Yet, it happens in workplaces throughout the United States.

When confronted with allegations of sexual harassment, an employer should take immediate action to stop that behavior. But what happens when an employer allows the conduct to keep occurring?While no list of do’s and don’ts can completely protect employers from sexual harassment claims, the following suggestions should go a long way toward protecting an employer from liability. Employers can apply different compensation standards or terms, conditions, and privileges of employment pursuant to bona fide seniority or merit systems, pursuant to systems that measure earnings by production quantity or quality, or to employees who work in different locations if these differences aren’t the result of an intention to.

Prohibited workplace harassment may take either of two forms. It may entail “quid pro quo” harassment, which occurs in cases in which employment decisions or treatment are based on submission to or rejection of unwelcome conduct, typically conduct of a sexual nature. When an employee complains that he or she is experiencing sexual harassment of any type, the employer has a legal, ethical, moral, and employee relations obligation to investigate the charges thoroughly—without delay.

The employer can’t take the time to decide whether they believe the employee or not, but must take him or her at their word. Often, a hostile work environment includes emotional abuse and derogatory statements based on or about a person’s protected trait. When an employer doesn’t respond to complaints about sexual harassment or racial jokes, it can open the door for an employee to sue for emotional abuse.

List of related literature:

To do this, employers must prove that (1) the employer “exercised reasonable care to prevent and promptly correct any sexually harassing behavior” and (2) the plaintiff “unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to otherwise avoid harm.”

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from The Cornell School of Hotel Administration on Hospitality: Cutting Edge Thinking and Practice
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Employers are not liable if they establish and implement preventative policies on sexual harassment, take prompt action to remedy the harassment situation, or when the victim knew or should have known that the employer did not tolerate sexual harassment.

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from Encyclopedia of White-Collar & Corporate Crime
by Lawrence M. Salinger
SAGE Publications, 2005

Employers should communicate to all employees that sexual harassment will not be tolerated.

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The law prohibits sexual harassment and facilitates access to legal remedies for those who claim discrimination or harassment in the workplace; however, special legal protection against the dismissal of a claimant is only temporary.

“Country Reports on Human Rights Practices for 2008 Vol.1”
from Country Reports on Human Rights Practices for 2008 Vol.1
Government Printing Office,

First, when sexual harassment takes the form of “tangible employment action” (such as a raise, promotion, change in work requirements, or termination taken by a supervisor), the employer will be held strictly liable for the supervisor’s conduct.

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from The Transformation of Title IX: Regulating Gender Equality in Education
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Employers are not allowed to impose agreements or waivers that prevent employees from reporting harassment, exercising any substantive or procedural right or remedy, or participating in a sexual harassment investigation.

“Complete Guide to Human Resources and the Law, 2019 Edition” by Shilling
from Complete Guide to Human Resources and the Law, 2019 Edition
by Shilling
Wolters Kluwer Law & Business, 2018

• Educate yourself on the issue of sexual harassment in the workplace.

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Charges of sexual harassment in the workplace can be filed with the Federal Equal Employment Opportunity CommisSion or with a state’s Human Rights Commission.

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from The New Harvard Guide to Women’s Health
by Karen J. Carlson, Stephanie A. Eisenstat, et. al.
Harvard University Press, 2004

Without prejudice to the generality of this obligation, they should take the following steps: (a) Express prohibition of sexual harassment, as defined above, at the workplace should be notified, published and circulated in appropriate ways.

by PADHI, P. K.
PHI Learning Pvt. Ltd., 2019

Employees are not required by law to report sexual harassment to their employers in order to file a sexual harassment claim with the EEOC or a court.

“Human Resources Kit For Dummies” by Max Messmer
from Human Resources Kit For Dummies
by Max Messmer
Wiley, 2012

Oktay Kutluk

Kutluk Oktay, MD, FACOG is one of the world's foremost experts in fertility preservation as well as ovarian stimulation and in vitro fertilization for infertility treatments. He developed and performed the world's first ovarian transplantation procedures as well as pioneered new ovarian stimulation protocols for embryo and oocyte freezing for breast and endometrial cancer patients.

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  • this is just dicey subject. First off no major company doesnt have women in HR or management to discuss this with, lets get that out of the way. Secondly most companies dont like personal relationships in the company environment period, its unavoidable sometimes but theres a clear stigma of outwardly showing your affection towards a partner at work, id say the best thing to do is have HR inform every employee of what constitutes sexual harassment provide everyone with the info of who to contact, take allegations seriously but be fair and impartial and have a zero tolerance policy, which isnt uncommon already

  • I can’t listen… you’re a wasp, I’m African American…. I’ll never ever get justice for what was done to me by wasps in the medical industry…. I did everything according to protocol & was laughed at by the investigator. Nothing was done to either of those sick males….nothing.

  • the video can help but the problem is those videos are so stupid that they end up making light of the situation more

    if the higher ups actually had a conference about it and actually stated what sexual harassment is and what sexual assault is and go over it and explain that they wont allow it (not 0 tolerance because that never works out) but actually didnt allow it you would see how many people do care

    i know a few peoples on youtube who admitted to raping woman because they didnt know it was rape same with sexual harassment/assault

    you would be surprised how many males dont know/understand because its not taught in schools

    even when i go over all the ways to rape a woman mostly males but peoples in general are like i didnt know there were so many different ways rape can happen

    thx for this ha bisky vid and what is worse is when somebody is raped their own familys never believe them and thats how come there are serial rapists (i think my sister will be marrying one) so i am putting myself up as bait and hoping to do a sting operation mainly because i think it would be fun (i am hoping nothing happens and i can just ask him the few questions i want to)

  • This speech doesn’t get realistic until about 5 minutes in. That’s the problem with it.

    And she’s WRONG about women in power, in my repeated experience however. AND NEW STIDIES SUPPORTING THIS. Women in power keep other women down, out of fear of not losing THEIR jobs, and there are new studies investigating this, VALIDATING IT.

    OVER and overdespite qualifying education and experience.

    So this problem must come FULLLLL CIRCLE to fix.

    In case it was missed I’m a woman. And me too has gone too far, but the problem NOW CREATED BT BOTHH, men and women in power, does need fixing.

  • Snort. I worked in IP law, a small group. No matter where you went, it was a mix of the same people. Some of the places had ZERO sexual harrassment and some had CONSTANT sexual harrassment. Harrassers in one place were normal in the other. When baas hawg tolerates it, it happens. When baas hawg does not tolerate it, doesn’t happen. No bs HR films, just a righteous man at the top. We did not have women attorneys at that time.

  • I have seen sexual harassment depicted as a man putting his hand on a woman’s shoulder at work I’ve done that many, many times. I didn’t know that it repulsed them so much and made them cringe. I thought that they were my friends, guess not.

  • We can look at societies where gender equity is at its highest and study those sociological and historic cases. The Philippines, for example, has a very equal field. I am not a sociologist or an anthropologist, just a suggestion to who are.

  • While I doubt that it is more than a small part of the problem overall, no one discusses female sexual harassment which usually takes a different form. When I was a “kid” (20) working at a Footlocker store, our manager (probably a perv) hired a VERY hot girl, and let her get away with shit that no one else could. Even though company policy was that everyone wear nasty, black polyester pants and referee shirts, there was a loophole allowing women to wear black skirts. This girl used that to wear teeny, tiny mini skirts and often no underwear. he would then go back into the warehouse and coax men back to see her on a ladder, in a tiny skirt, with no panties. Our Assistant Manager stood up to this and fired her, and she sued. This assistant who did his job admirably was given the choice of demotion or transfer, or being fired, because she threatened a suit. It did not matter that the entire male staff, except for the manager (who I think was screwing her on the side) spoke in the assistant’s defense a 1% CHANCE that a jury would believe her would cost them more than firing Avery.

    Yeah it is sad like we have to deal with “periods” due to physical reasons, we men have awful things called “dicks”. They, and the hormones they inspire can make men behave foolishly, and wrongly. And that is a good reason for punishment because men also have brains. But where is the punishment for the woman who chooses to use the power of her sexuality to advance? That hurts honest women more than men could.

    What if, (and I hope this is wrong) Cameron Diaz had gone to the producer or director of “The Mask” the movie that made her career, in lingerie, and begged for the part? She certainly did not fit what the script called for they had to work hard to enhance her bosom to make it work. Another young, beautiful actress might have had a great career! Sorry to say this but I have worked with, and been propositioned by several women happy to “sleep their way to the top” such people (women) are a bigger threat to the many women making real accusations than any man could be.

  • The thing that is most ridiculous about the constant female victim status about imaginary “glass ceilings” and sexual harassment (I always say; there are no real “glass ceiling”s, but there ARE glass windows and partitions, and the women are found on the side of the glass where there is air conditioning and comfy chairs to sit in, whilst the men are out in the warehouse, and general job site, doing the real work, yet women are constantly bitching that they should have to work less and get paid more)…is that most of workplace harassment is not “sexual” at all. Workplace bullying happens on a daily basis all over this country, but it’s largely under reported because it doesn’t get all the hoopla and attention that ANYTHING SEXUAL garners.

  • Been sexually assualted 4 times in the workplaces I’ve been in, HR of course did nothing. If it happens again, I will smash the face of the person who does it into a pulp.

  • uhm… you prevent it by hiring the pitiful fuck the second you find out about it so he can’t do it again and others that want to get the fucking message. If they move to the top of the chain, SOMEONE ROYALLY FUCKED UP and deserves the consequences for acting like that’s acceptable workplace behavior. That’s like conspiracy imo. Whoever is enabling it (NOT THE VICTIMS) deserves the fucking consequences.

  • Pretty much anything of a sexual nature that makes you feel uncomfortable (man or woman), especially when you’ve already expressed it to the other person. Prevention is just as important as the resolution because understanding what we communicate by the way we dress, the conversation/company we keep and our conduct can go a long way in not inviting certain attentions. The inevitable might still happen, but when it does you have to put your foot down and let your no mean no. This video and short article are also very helpful. If you take a look, let me know what you think about it:



  • I’m feeling a little sexually harassed right now. As well as slightly aroused.
    Am I harassing myself, or am I victim blaming myself?
    It could be that I have been leading myself on, and taking my own bait.
    What a stupid hussy I’ve become.

  • Can I sue if I was physically attacked by my coworker and my boss refused to fire her and I was forced to quit for my own safety? I suffered humility and a concussion.